Canadian Forces Policy On Transgender Service Members

CF Mil Pers Instr

CF Mil Pers Instr 01/11 – Management of CF Transsexual Members 1.0 Identification 1.1 Date of Issue

2011-02-08

1.2 Date of Modification

Not applicable

1.3 Application

This is an instruction that applies to officers and non-commissioned members of the Canadian Forces (“CF members”).

1.4 Approval Authority

This instruction is issued on the authority of Chief Military Personnel (CMP).

1.5 Enquiries

DHRD 2-6, 613-971-0489

1.6 Table of Contents

This CF Mil Pers Instr contains the following topics: Topic Policy Direction Responsibilities Authorities References

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CF Mil Pers Instr Management of CF Transsexual Members

2.0 Policy Direction 2.1 Context

The unique management issues regarding transsexual individuals within the military requires that guidance be provided to assist Commanding Officers (CO) and leadership at all levels. The Canadian Forces (CF), as a national institution, is committed to ensuring that CF members who are transsexual are treated with dignity and respect.

2.2 Policy Statement

This policy sets out the CF position with respect to the management of CF transsexual members and is intended to assist CF personnel and chains of command to understand their obligations and responsibilities and to prevent discrimination and harassment because of gender identity differences. By promulgating this policy regarding CF transsexual members, the CF is: Promoting the dignity and equality of those whose gender identity does not conform to traditional social norms; Preventing discrimination and harassment based on gender identity through education and awareness; and Providing guidance regarding accommodation of the unique requirements of CF transsexual members as they transition.

2.3 Background

2.3.1 Definitions Gender Identity Gender Identity refers to a person’s innate, deeply felt psychological identification as male or female, which may or may not correspond to the person’s anatomy or assigned sex at birth and as reflected on their birth certificate. While traditionally viewed as a binary system (male or female), gender identity is in fact a much more varied spectrum in which individuals identify themselves, whether a result of genetic or psychological factors, which may or may not correspond to external physical traits. See Transsexual definition.

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Gender identity disorder (GID) GID is a psychiatric diagnosis recognized and listed in the Fourth Edition of the Diagnostic and Statistical Manual for Mental Disorders (DSM-IV) and the Tenth Edition of the International Statistical Classification of Diseases and Related Health Problems (ICD-10). This disorder is marked by severe psychological and/or physiological distress and discomfort caused by the conflict between one’s gender identity and one’s assigned sex at birth. A related, often-used term, gender dysphoria refers to the unhappiness that some of these individuals feel with their physical sex and/or gender role. Not all transsexual people experience gender dysphoria or are diagnosed with GID. Transgender A general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from society’s normative gender roles (i.e. man or woman). Transgender is the state of one's gender identity (self-identification as woman, man, or neither) not matching one's assigned sex. Transgender does not imply any specific form of sexual orientation. While there is no universally accepted definition for transgender, some definitions include: •

Of, relating to, or designating a person whose identity does not conform unambiguously to conventional notions of male or female gender roles, but combines or moves between these;

•

People who were assigned a sex, usually at birth and based on their genitals, but who feel that this is a false or incomplete description of themselves; and

•

Non-identification with, or non-presentation as, the sex (and assumed gender) one was assigned at birth.

Transgender therefore is a term used to describe the gender identity of a broad range of people who experience and/or express their gender differently from societal norms – either in terms of expressing a gender that does not match the sex listed on their original birth certificate (i.e. identified/designated sex at birth) or physically changing their sex. It is an umbrella term that includes the expression of transsexuality, or otherwise gender nonconforming characteristics.

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Transitioning Transitioning, in the context of transsexuals, is a part of the treatment for GID; it is the process through which a person modifies his or her physical characteristics and/or manner of gender expression to be consistent with his or her gender identity. This transition may include hormone therapy, sex-reassignment surgery and/or other treatments and is conducted under medical supervision based on a set of standards developed by medical professionals. While the specifics of the transition process will vary from case to case, a common factor in most if not all transition processes is typically a one-year “real-life experience” (as a minimum) in which the individual lives and presents consistently with their gender identity under medical supervision. Transsexual A transsexual is a person who has a psychological need to belong to, or identify with, the opposite sex and to live life as a member of that sex. A transsexual may be motivated by the urge to acquire the necessary physical appearance (through surgery, hormone therapy) or adopt the social role typical of the opposite sex. A transsexual person has changed, or is in the process of changing, his or her physical and/or legal sex to conform to his or her internal sense of gender identity. The term can also be used to describe people who, without undergoing medical treatment, identify and live their lives full-time as a member of the gender different from their assigned sex/gender. 2.4 Direction

2.4.1 Accommodation The process leading to the transition of a transsexual individual from one gender to another is lengthy and subject to careful medical assessment. Not all aspects of the treatment of transsexual individuals will impact the workplace. However, at the point where the workplace does become involved, accommodation of this person will be required as transition from one gender to another will necessitate significant administrative and social adjustment. The CF is obligated to consider accommodation of a transsexual member’s needs when advised that the said person is intending to undergo transition. An integral part and one of the first steps in transition would be a medical assessment which would result in assignment of a temporary medical category (TCAT) and medical employment limitations (MEL) that would help shape the workplace accommodation. The MELs would be set out in a

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medical document or certificate (usually a CF2018 followed by a CF2088); in the case of Class A Reserve members a civilian doctor’s letter confirming their medical condition and treatment will still require review by CF medical authorities and the issuance of the CF2018 and CF2088. On being notified of the member’s intent to transition, the member’s supervisor/manager and the unit CO should meet with the individual and medical authorities to discuss the specific requirements and needs of accommodating their transition. The CF shall accommodate the needs of CF transsexual members except where the accommodation would: - constitute undue hardship; or - cause the CF member to not meet, or to not be capable of meeting, DAOD 5023-1, Minimum Operational Standards Relating to Universality of Service. Undue hardship is the limit to which the CF and service providers are expected to accommodate in a given situation, taking into consideration the following factors: - realistic ability to meet the costs associated with the accommodation; and - health and safety of CF members and the public. 2.4.2 Considerations Regular and on-going consultation regarding the needs of the transsexual member will be required by the member’s chain of command, i.e., immediate supervisor and unit CO and any other personnel as deemed necessary (e.g. unit Sergeant-Major, unit Adjutant). As appropriate, this may require meetings with the transsexual member, unit members, the treating Medical Officer and other involved parties. Unit COs should be aware of the emotional and psychological impacts of transition on CF members. Local subject matter experts and other resources may be able to assist in this regard. For example, if requested and/or deemed appropriate, chaplains may be: called upon to assist directly or provide a referral to a suitable chaplain who may act as the primary point of contact regarding the spiritual well-being of the CF transsexual member; provide ministry to not only the member in transition but also advice and education to unit personnel and the greater military community as required; and work with the CF transsexual member, their unit chain of command and other key personnel to foster spiritual well5/10

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being and acceptance, providing alternate contacts or sources of counseling, spiritual care and ministry, in support of and consistent with the care already provided. CF Health Services Group mental health care providers may also provide assistance, if and when appropriate. Working with the CF transsexual member, their unit chain of command and other key personnel to address mental health issues, they can also provide counseling and advice to unit members and to the greater military community as appropriate and required. Close and careful coordination of subject matter experts’ involvement and other resources engaged to assist will be required to ensure no contradictory or duplicated effort. For CF transsexual members undergoing transition, unit leadership’s support is crucial. The unit CO shall provide a work environment free from discrimination and prejudice, respectful of the transsexual individual’s right to privacy and to be treated with dignity. That having been said, the unit CO will need to strike the appropriate balance in meeting the needs of the CF transsexual member and that of others in the unit (in such areas as privacy in the use of public facilities (e.g. a washroom or change room)), taking into account the relevant considerations in devising a suitable and appropriate solution. Note that not all persons who are transsexual will undergo the surgical procedures to completely re-align their anatomical sex structure to match their new gender. This may cause significant concern and negative reaction from other users of public facilities when confronted with the presence of a transsexual individual. While it is important to stress the right of a transsexual individual to have access to these facilities, the privacy of other users must also be considered. As a result, the unit CO must lead an effort to find a balanced solution that is satisfactory for all, without excluding access to any of the parties. Ultimately, Canadian legislation and interpretation of these laws have provided, and continue to provide, the legal foundation for the way transsexual members are to be treated. It is important to stress the legitimate right of these transsexual members to use public facilities without fear of physical or verbal assault or harassment. Incidents regarding harassing behaviour shall be dealt with using the DND/CF harassment prevention and resolution policy. Incidents regarding workplace violence shall be dealt with using existing health and safety policies. In the event that an incident may contravene the Criminal Code of Canada, or if there is an immediate danger to the health and safety 6/10

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of CF members, public service employees or Canadian citizens on a base or wing, the appropriate authorities shall be contacted to address the situation. Once initiated, and during the transition period, a CF transsexual member will be kitted for, and dressed as, their target gender. During the transition period, they shall wear their uniform in accordance with existing regulations for their target gender. Once transition is complete, and the CF transsexual member is legally recognized in their new gender, the standards with regard to dress and deportment are no different for a transsexual member than for any other CF member. A CF transsexual member in transition will be assigned a TCAT and MELs that will ensure ongoing access to required medical support. This would normally preclude deployments. For other situations, careful consideration of the MELs would be required prior to being posted, attach posted, or sent on extended temporary duty away from their home unit. Once a CF transsexual member has completed transition the need for permanent MELs will be determined on a case by case basis and will depend on the presence and circumstances of any chronic medical conditions. Having undergone a gender reassignment will not in and of itself require permanent MELs. If a CF transsexual member in transition is posted, attach posted or tasked away from their home unit, the member’s CO should meet with the member to confirm, what if any, accommodation measures will be required at the new place of duty. The member’s CO would then communicate the confirmed requirements to the gaining CO as early as possible to advise them of any special needs of the incoming transsexual person. This sharing of information is done with the understanding that the gaining CO must come up with his/her own accommodation plan in consideration of the particular needs/limits of their own unit. There should not be any expectation that an existing accommodation at one unit would imply or obligate a new unit to accommodate the transsexual member in the same manner. 2.4.3 Administrative guidance CF administrative personnel are provided technical guidance regarding CF transsexual members in A-PM-245-001/FP-001, chapter 34. Given the many different aspects of transition, the following areas are highlighted:

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• • • •

change of name will be entered into the CF personnel system of record (PeopleSoft/HRMS), on receipt of appropriate legal documents; supply and Clothing Online systems will need to reflect the new entitlements in line with the new gender (to be effected with CF2018 medical chit); identification cards, security passes and government of Canada (green) passports will need to be re-issued (to be effected with CF2018 medical chit); and change of gender will be entered into the CF personnel system of record (PeopleSoft/HRMS), on receipt of appropriate legal documents (i.e. birth certificate in the new gender).

This is not an exhaustive list but merely representative of the changes that will need to occur for a CF member undergoing transition. Note that when there has been no legal recognition of name or gender change, unit administration staff shall not amend any military personnel record systems for these two specific fields (name change and gender). The effective date of amendments shall not be back-dated. Honours and awards, such as medals, earned under a different name and gender shall not be re-issued with the new name/identity. For greater clarity, while changes to other systems may be possible without legal recognition (e.g. supply/clothing, security passes, provincial driver’s license), the amendment of military personnel record systems shall be held in abeyance until legal recognition is received. Provincial recognition of the name change and provincial recognition of the completion of the transition process shall be the basis for amending the member’s military personnel record system file to reflect the new name and gender. CF transsexual personnel shall be tested in accordance with DAOD 5023-2 Physical Fitness Program, against the standards of their legally recognized gender.

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3.0 Responsibilities Responsibility Table

The following table identifies the responsibilities associated with this Instruction:

The …

is or are responsible for …

CO

•

ensuring that the rights of the CF transsexual member are respected and that the workplace is free from harassment and discriminatory behaviour

•

taking a leadership role in educating and sensitizing the workplace to the subject of transsexuality and the presence of a CF transsexual member

•

working with the CF transsexual member, the individual’s supervisor, and CF medical authorities, to develop a suitable and appropriate accommodation plan for their unit

•

assigning, as appropriate, the CF transsexual person with a “sponsor”; the sponsor would be a volunteer who is willing to provide social and emotional support to the CF transsexual member

•

providing the chain of command with as much advance notice as appropriate in advance of beginning the transition process

•

complying with all relevant orders and directives pertaining to dress and deportment

•

positively contributing to, and participating in, and providing information for the formulation and implementation of a workplace accommodation plan

•

acting as the primary point of contact regarding the medical treatment of the CF transsexual member

•

completing the documentation required to support the administrative processes associated with transition

•

assisting the CO and the CF transsexual member in the development of a workable accommodation plan for the unit and providing education to the unit if requested.

CF transsexual member

CF Health Care Provider

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supervisors or managers

•

ensuring that all DND employees and CF members have the required information and clearly enunciated standards of behaviour that are expected of them as it pertains to the presence of and treatment of a CF transsexual member

CF members

•

acting in a manner that is consistent with CF ethics and standards of professionalism.

4.0 Authorities 4.1 Authority Table

The following table identifies the delegated authority: The …. CMP

Has or have the authority to: • issue policy and procedures regarding the management of CF transsexual members CO • develop and implement a suitable and appropriate workplace accommodation plan for unit transsexual members Base or Wing Surgeon • issue, under his/her signature, the appropriate documentation for CF transsexual members in order to facilitate the transition process

5.0 References 5.1 Source Reference(s)

• •

Canadian Charter of Rights and Freedoms Canadian Human Rights Act

5.2 Related References

• • • • • • •

DAOD 5003-0, Restrictions on Duty and Individual Limitations DAOD 5012-0, Harassment Prevention and Resolution DAOD 5015-0, Workplace Accommodation DAOD 5017-0, Mental Health DAOD 5023-0, Universality of Service DAOD 5050-0, Canadian Forces Personnel Records A-PM-007-000/FP-001, DND/CF Harassment Prevention and Resolution Guidelines Defence Ethics Programme DND/CF

•

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